WORKPLACE RELATIONS ACT 1996 - SECT 429 Power of Commission to restrict initiation of new bargaining periods
This legislation has been repealed.
WORKPLACE RELATIONS ACT 1996 - SECT 429
Power of Commission to restrict initiation of new bargaining periods(1) This section applies if a bargaining period (the former bargaining period ) in relation to a proposed collective agreement has ended because a negotiating party (the former negotiating party ) has given a notice under paragraph 428(b).
(2) Subject to this section, the Commission may, by order, declare that, during a specified period, a specified former negotiating party, or a specified employee of the employer:
(a) is not allowed to initiate a new bargaining period in relation to specified matters that were dealt with by the proposed collective agreement; or
(b) may initiate a bargaining period only on conditions specified in the order.
(3) The Commission must not make an order under subsection (2) unless:
(a) the Commission has given the former negotiating parties an opportunity to be heard; and
(b) the Commission considers that it is in the public interest to make the order; and
(c) either subsection (4) or (5) applies.
(4) The Commission may make an order under subsection (2):
(a) on application by a former negotiating party; and
(b) if, assuming the former bargaining period had not ended, the Commission could make an order under subsection 430(1) because a circumstance set out in subsection 430(2), (7) or (8) exists or existed.
(5) The Commission may make an order under subsection (2):
(a) on its own initiative, or on application by a former negotiating party; and
(b) if, assuming the former bargaining period had not ended, the Commission could make an order under subsection 430(1) because a circumstance set out in subsection 430(3) exists or existed.